손해배상
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The plaintiff is a company running the transportation business. The defendant is a corporation established pursuant to the Korea Railroad Corporation Act to carry on the transportation business of railroad, and the defendant's intervenor is a company that carries on an agency business related to the transportation of railroad freight.
B. On October 6, 2011, the Plaintiff entered into a transportation contract with the Defendant to transport one container (container number KTU7328421, hereinafter “instant container”) in order to arrive at the terminal of the Busan New Port (hereinafter “instant transportation contract”) from the Busan New Port (hereinafter “the instant train”). The instant container was allocated a freight No. 303278 of the train No. 3034 (hereinafter “the instant train”) from the Defendant (hereinafter “the instant train”). The instant container is a cargo for which the Plaintiff was requested to transport from the Han Young General Transportation Co., Ltd.
C. On October 6, 201, at around 18:02, the instant container was transported to A Twitler vehicle via the New Line Logistics Co., Ltd., which was entrusted by the Plaintiff with the transportation of containers within the Busan New Port, and was transported to the 8 line at the Busan New Port Terminal, which was waiting for the instant train at the Busan New Port Terminal. At around 19:02, the instant container was transported to the 19:02 line from the Busan New Port Station No. 2. 8 line at the Busan New Port Station, which was being waiting for the instant train. At around 19:02, the Defendant was entrusted with the transportation of containers on a container, which was just the bitler vehicle installed on the line through the Defendant.
On October 6, 201, the instant train started the Busan New Port on October 20, 201, and went into the 4th line after having arrived at the Owing Station around 11:35 on October 7, 201. It was found that part of the bean, the content of which was the content of the instant container, was injected into the instant chemical.
E. Meanwhile, the relevant provisions in the terms and conditions of railroad freight transportation are as follows.
Article 3 (Definitions) (1) The definitions of terms and conditions shall be as follows: